Brexit: David Davis mocked after attacking EU charter he previously praised

Brexit Secretary relied on EU charter of fundamental rights in legal challenge against snooper's charter

David Davis in the House of Commons (BBC News)

David Davis was left red-faced after he dismissed the need for an EU rights charter which he had used in a legal challenge against the Government.

Shadow Brexit Secretary Sir Keir Starmer mocked his counterpart by producing documents in the Commons showing that Mr Davis’ lawyer had praised the EU charter of fundamental rights in a case brought to the EU's highest court against the so-called snooper's charter.

The case, brought when Mr Davis was a backbench MP, sought to challenge the legality of powers to intercept calls and texts in the Data Retention and Investigatory Powers Act 2014.

Sir Keir, speaking during the first day of the EU Withdrawal Bill, said: "He (Mr Davis) was very concerned that it would impinge on the ability of MPs to have confidential communications from their constituents, a point he continued into the debate we were having a year or two ago.

"In his argument, he cited the charter. His lawyer said the charter was important.

"His lawyers made the argument the charter was important because it went further than the European Convention of Human Rights and, therefore, was an added protection."

Mr Davis ended up winning the case, Sir Keir said, adding: "When he says will it make any difference, yes - here's his case.

"I suspect if the Secretary of State was still on the benches further behind him, he would be talking to me over a cup of coffee, and others, about how we fiercely ensure that clause five four of this Bill came out."

Earlier in the debate, Mr Davis told the Commons the Government did not believe it made sense to retain the charter, which wraps up all the fundamental rights protected by the EU in a single document.